Reported / Citable
Background
Robin Lewis Robledo appeared with counsel and the government on July 5, 2011, to enter a guilty plea to Count Two of the indictment. That count charged a violation of 18 U.S.C. § 2252A(a)(5)(B).
The plea was made under a written plea agreement and stipulated facts. The agreement included Rule 11(c)(1)(A) and (c)(1)(B) provisions: the government agreed not to bring or to dismiss other charges and to make nonbinding sentencing recommendations or requests.
The Court’s Holding
After conducting the Rule 11 plea proceedings, Magistrate Judge Earl S. Hines found that Robledo knowingly and voluntarily consented to plead before a magistrate judge and knowingly and voluntarily pleaded guilty to Count Two.
The magistrate judge further found Robledo competent, aware of the charge and consequences of his plea, and supported by an independent factual basis establishing each essential element of the offense. The court accepted the guilty plea and recommended that Robledo be adjudged guilty.
The court recommended deferring a decision whether to accept or reject the plea agreement until review of the presentence report. The parties stated no objections to the findings, conclusions, and recommendations.
Key Takeaways
- The magistrate judge accepted Robledo’s knowing and voluntary guilty plea to Count Two.
- The plea was supported by an independent factual basis and followed Rule 11 procedures.
- Acceptance or rejection of the plea agreement was deferred pending review of the presentence report.
Why It Matters
The order documents the plea-stage findings required before a defendant may be bound by a guilty plea. It does not impose sentence or finally decide whether to accept the plea agreement’s provisions.